CMN Attorneys Joe Jeffery & Stuart Primack Publish Article in the DRI’s The Voice

By Press Release, Publications Archives, Uncategorized

CMN Attorneys Joe Jeffery and Stuart Primack’s article on ERISA, “Does a Plan Administrator Forfeit the Right to Deferential Review by Delegating Its Discretionary Authority to a Non-Fiduciary?” discusses how a plan administrator’s delegation of its discretionary authority to adjudicate plan benefit claims can impact the applicable judicial standard of review.

The Article appears in the DRI’s The Voice (Vol. 19, Issue 27) (July 8, 2020).

For more information, please click below.

Related Documents:  Article

CMN Attorney Craig Bargher Publishes Article in ABA Committee News

By Press Release, Publications Archives

CMN Attorney Craig M. Bargher’s article, “Rule 12(b)(6) Motions to Dismiss Mental Health Parity Act Claims: Various Approaches Within The District of Utah Provide Lessons for Plaintiffs and Defendants,” discusses some recent ERISA decisions from the District of Utah that highlight the importance of identifying key documents before final administrative appeal decisions are made.

The Article appears in the ABA’s Committee News, Health and Disability & Life Insurance Law edition (Spring 2020).

For more information, please click below.

Related Documents:  Article

Has Technology Left the TCPA Behind? Receipt of Text Messages Leads to Circuit Split on Article III Standing

By Client Bulletins, Press Release

Congress has not updated the TCPA lately and new modes of communication keep popping up.  This client bulletin examines the circuit split regarding the receipt of unwanted text messages and whether they are sufficient to establish Article III standing.

For more information, please click below.

Related Documents:  Client Bulletin: May 2020

CMN Attorneys Get Trial Victory For Life Insurer In $10 Million Policy Dispute

By News Flash Archives, Press Release

CMN trial lawyers Elizabeth Doolin, Julie Wall, and Kaitlyn Luther won a decisive victory in the Eastern District of New York following a bench trial before Magistrate Judge Sanket Bulsara. At issue was a $10 million life insurance policy procured pursuant to a fraudulent investment scheme and through multiple misrepresentations concerning the applicant’s finances, other insurance, and premium financing. The policy investors brought a breach of contract claim for the $10 million death benefit proceeds, and the insurer counterclaimed for rescission and fraud against the investors and the writing agent. After a four-day bench trial in the spring of 2019, Judge Bulsara issued his findings of fact and conclusions of law on April 17, 2020, finding the policy rescinded as a result of the insured’s material misrepresentations, allowing the insurer to equitably retain all premiums paid due to the fraud involved in the policy’s procurement, and holding that the writing agent was liable for fraud. CMN’s lawyers are always prepared to go the distance for their clients, and were pleased to bring home a win this spring.

NO ACCIDENT: Insured’s Expectation of Surviving Auto-Erotic Asphyxiation Deemed Unreasonable

By Client Bulletins, Press Release

Cases involving accidental death claims for auto-erotic asphyxiation often yield different results. The District of Massachusetts recently entered summary judgment for an insurer on such a claim, in large part because the insured’s expectation that he would survive the incident was deemed unreasonable. Wightman v. Securian Life Ins. Co., No. 18-11285-DJC, 2020 WL 1703772 (D. Mass. Apr. 8, 2020).  This Client Bulletin takes a look at that decision and compares it with other recent decisions on this issue.

For more information, please click below.

Related Documents: Client Bulletin: April 2020

Insurance Payment Extensions and Other Relief Due to the Financial Strains Caused by COVID-19

By Client Bulletins, Press Release

The COVID-19 pandemic is causing significant financial strain on the economy. In order to assist those impacted and to ease some of their financial burdens, many states are requesting that insurance carriers across all lines of business provide longer grace periods for premium payments and other accommodations to maintain coverage and access to insurance during this public health emergency.  This Client Bulletin summarizes the actions taken by the various state departments of insurance to encourage insurers to work with those who are concerned about their ability to timely pay their insurance premiums.

This is an ongoing effort and we will update this Client Bulletin as the efforts to respond to the COVID-19 pandemic further evolve.  For more information, please click below.

Related Documents: Client Bulletin: April 2020

Supreme Court of the United States to Evaluate Constitutionality of TCPA Provision on Autodialers (ATDS)

By Client Bulletins, Press Release

The Supreme Court recently granted a petition for writ of certiorari in Barr v. American Assoc. of Political Consultants Inc., 19-631, which will consider whether the TCPA violated the First Amendment by prohibiting the use of an autodialer in certain circumstances but not others.

For more information on the decision, please click below.

Related Documents

Client Bulletin: April 2020

Not Automatic For The People — The 7th Circuit Weighs In on the Definition of an ATDS

By Client Bulletins, Press Release

In a decision with significant implications for claims brought under the Telephone Consumer Protection Act, the Seventh Circuit held that a device used to send text messages only falls within the statutory definition of an automatic telephone dialing system…  For more information on the decision, please click below.

Related Documents

Client Bulletin: February 2020